Graves and Maddison
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 19
IN THE COURT OF KING'S BENCH
6. graves and maddison. Upon a marriage settlement, the opinion of the Court was desired upon this clause : It is further agreed, and the true intent and meaning of the parties, is, that the state and term of forty years, (which was limited after an especial tail male to the husband and wife) is limited upon trust and confidence, that the said trustees shall out of the issues and profits of the lands pay ; if (no issue male living) if one daughter 50001. if two or more 60001. to be divided share and share alike among the daughters ; and if any of them die, to the surviving. The husband and wife have issue two daughters, the wife dies, and then one of the daughters dies, being seven years old; the question was, whether the surviving daughter should have 50001. or 6000. Pollexfen argued, that she should have but 50001. for that this money was to vest in her as a certain interest, not till after the death of the father, (though it was to be paid at the day of marriage, or age of one and twenty years ;) and that in the mean time it was ambulatory, because the term was not to commence till after his death, and the money was to be raised out of the issues and profits of the land; and he asked, if the daughter had died, living her father, and being twenty-one at her death, shall it go to her executors'! and the Court told him it should ; and said, that where the father is to pay in such a settlement at the day of marriage or...
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